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Processing of (personal) data by the entity in charge of the online application process

Privacy Notice for Canidates
We are pleased that you are interested in our company and wish to apply for a position with us. Below, we would like to provide you with information about the processing of your personal data in connection with your application.

Who is responsible for data processing?
The controller within the meaning of data protection law is:

workingwell GmbH
Karlstraße 44a (Rear Building)
80333 Munich
Germany

Further information about our company, details of the persons authorized to represent the company, and additional contact options can be found in the legal notice on our website:
https://www.workingwell.com/impressum

What personal data do we process and for what purposes?
If you apply to us electronically, for example by email or through our online application form, we collect and process your personal data for the purpose of managing the application process and carrying out pre-contractual measures.

By submitting an application via our recruiting page, you express your interest in obtaining employment with us. In this context, you provide us with personal data, which we use and store solely for the purpose of conducting your job search/application process.

We process the data that you submit in connection with your application in order to assess your suitability for the position (or, where applicable, other open positions within our company) and to carry out the application process. This may include contact details, all information associated with the application (such as your CV/résumé, certificates, qualifications, answers to questions, etc.), and, where applicable, bank account details (for reimbursement of travel expenses).

What is the legal basis for this processing?
The primary legal basis for processing your personal data as part of the application process is Section 26 of the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG), as amended with effect from 25 May 2018. Under this provision, the processing of data required in connection with the decision to establish an employment relationship is permitted.

If, after completion of the application process, the data is required for the assertion, exercise, or defense of legal claims, processing may take place on the basis of Article 6 of the German General Data Protection Regulation (Datenschutz-Grundverordnung, DSGVO), in particular for the purposes of pursuing legitimate interests pursuant to Article 6(1)(f) DSGVO. Our legitimate interest in this case is the assertion or defense of legal claims.

How long is the data stored?
Unless a statutory retention period applies, your data will be deleted as soon as storage is no longer necessary or our legitimate interest in retaining the data no longer exists.

If no employment relationship is established, this is generally the case no later than six months after completion of the application process. In individual cases, certain data may be stored for a longer period (for example, documents relating to travel expense reimbursements). In such cases, the retention period is determined by applicable statutory retention obligations, for example under German tax law (6 years) or commercial law (10 years).

If no employment relationship is established, but your application remains of interest to us, we will ask for your consent to retain your application for consideration in future recruitment processes. In this case, your data will be deleted after 12 months.

If you are offered and accept a position with us, your data will be transferred from the applicant management system to our HR information system.

Disclosure of data to third parties
The data transmitted as part of your application is encrypted using TLS and stored in a database. This database is operated by Personio GmbH, a provider of HR administration and applicant management software (https://www.personio.de/impressum/). In this context, Personio acts as our data processor in accordance with Article 28 of the German General Data Protection Regulation (Datenschutz-Grundverordnung, DSGVO). The basis for this processing is a Data Processing Agreement concluded between us as the controller and Personio.

Your application documents will initially be reviewed by our HR department. Suitable applications will then be forwarded internally to the managers responsible for the respective vacancy. The subsequent application process will then be coordinated. Within our company, only those persons who require access to your data for the proper conduct of the recruitment process will have access to it. 

Where is the data processed?
The data is processed exclusively within the Federal Republic of Germany.

Your rights as a data subject
You have the right to obtain information about the personal data we process concerning you.

In the case of requests for information that are not submitted in writing, we ask for your understanding that we may require proof of identity to ensure that you are the person you claim to be.

You also have the right to rectification, erasure, or restriction of processing, insofar as you are legally entitled to do so.

Furthermore, you have the right to object to processing within the framework of the applicable legal provisions. The same applies to your right to data portability.

Our Data Protection Officer
We have appointed a Data Protection Officer for our company.

You can contact our Data Protection Officer at:
psh-con Peter Hess
Zur Obermühle 1
86561 Aresing
Germany
Email: datenschutz@workingwell.com

Right to lodge a complaint
You have the right to lodge a complaint with the supervisory authority responsible for data protection if you believe that we are processing your personal data unlawfully. In our case, the competent supervisory authority is the Bavarian State Office for Data Protection Supervision (BayLDA):
https://www.lda.bayern.de/de/beschwerde.html

Processing of (personal) data by the operator of the recruitment website

General information

This recruitment website is operated by Personio SE & Co. KG, which offers a human resource and candidate management software solution (https://www.personio.com/legal-notice/). Data transmitted as part of your application will be transferred using TLS encryption and stored in a database. The sole controller of this data within the meaning of article 24 of the GDPR is the enterprise carrying out this online application process. Personio’s role is limited to operating the software and this recruitment website and, in this context, being a processor under article 28 of the GDPR. In this case, the processing by Personio is based on an agreement for the processing of orders between the controller and Personio. In addition, Personio SE & Co. KG processes further data, some of which may be personal data, to provide its services, in particular for operating this recruitment website. We will refer to this in more detail below.

The controller

The controller under data protection law is:
Personio SE & Co. KG
Seidlstraße 3
80335 München
Tel.: +49 (89) 1250 1004
Entry in the commercial register
Commercial register entry number: HRA 115934
Registration Court: Amtsgericht München
Data Protection Officer contact: privacy@personio.com

Access logs (“server logs”)

Each access to this recruitment website automatically causes general protocol data, so-called server logs, to be collected. As a rule, this data is a pseudonym and thus does not allow for inferences about the identity of an individual. Without this data, it would, in some cases, be technically impossible to deliver or display the contents of the software. In addition, processing this data is absolutely necessary under security aspects, in particular for access, input, transfer, and storage control. Furthermore, this anonymous information can be used for statistical purposes and for optimizing services and technology. In addition, the log files can be checked and analyzed retrospectively when unlawful use of the software is suspected. The legal basis for this is §25 subsection 2 Sentence 2 TDDDG. Generally, data such as the domain name of the website, the web browser and web-browser version, the operating system, the IP address, as well as the timestamp of the access to the software is collected. The scope of this log process does not exceed the common log scope of any other site on the web. These access logs are stored for a period of up to 7 days. There is no right to object to this.

Error logs

So-called error logs are generated for the purpose of identifying and fixing bugs. This is absolutely necessary to ensure we can react as quickly as possible to possible problems with displaying and implementing content (legitimate interest). As a rule, this data is a pseudonym and thus does not allow for inferences about the identity of an individual. The legal basis for this is §25 subsection 2 Sentence 2 TDDDG. When an error message occurs, general data such as the domain name of the website, the web browser and web-browser version, the operating system, the IP address, as well as the timestamp upon occurrence of the respective error message and/or specification is collected. These error logs are stored for a period of up to 7 days. There is no right to object to this.

Use of cookies

So-called cookies are used on parts of this recruitment website. They are small text files which are stored on the device with which you access this recruitment website. As a general rule, cookies serve the purpose of ensuring secure access to a website (“absolutely necessary”), implementing certain functionalities such as standard-language settings (“functional”), improving the user experience or the performance of the website (“performance”), or placing targeted advertisements (“marketing”). On this recruitment website, we generally use only cookies that are absolutely necessary, functional or performance-related, in particular for implementing certain default settings such as language, for identifying the job advertising channel, or for analyzing the performance of a job advert via which a user accessed this recruitment website. The use of cookies is absolutely necessary for providing our services and thus for the performance of the contract (article 6 (1) b) of the GDPR). Period of storage: up to 1 month or until the end of the browser session Right to object: You can determine via your browser settings whether you allow or object to the use of cookies. Please note that deactivating cookies may result in limited or completely blocked functionalities of this recruitment website.

Rights of data subjects

If Personio SE & Co. KG as the controller processes personal data, you as the data subject have certain rights under Chapter III of the EU General Data Protection Regulation (GDPR), depending on the legal basis and the purpose of the processing, in particular the right of access (article 15 of the GDPR) and the rights to rectification (article 16 of the GDPR), erasure (article 17 of the GDPR), restriction of processing (article 18 of the GDPR), and data portability (article 20 of the GDPR), as well as the right to object (article 21 of the GDPR). If the personal data is processed with your consent, you have the right to withdraw this consent under article 7 III of the GDPR. To assert your rights as a data subject in relation to the data processed for the purpose of operating this recruitment website, please refer to Personio SE & Co. KG’s Data Protection Officer (see item B).

Concluding provisions

Personio reserves the right to adjust this data privacy statement at any point in time to ensure that it is in line with the current legal requirements at all times, or in order to accommodate changes in the services offered, for example when new services are introduced. In this case, the new data privacy statement applies to any later visit of this recruitment website or any later job application.